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December 08, 2021

Loose Lips (on Facebook) Sink Lawsuits

Social media discovery can be a goldmine for your case, but courts are reluctant to honor blanket requests and unfettered access to a social media account. Check out our best practices for obtaining social media content. READ NOW » Related Content ...

January 10, 2023

Market Trends 2021/22: Covenant-Lite Loans

Review this market trend practice note for an overview of covenant-lite loans in today’s market. The term covenant-lite broadly refers to borrower-friendly loan transactions having limited or no maintenance-based financial covenants. The practice note discusses...

September 27, 2022

AML Fraud Red Flags Video

The Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, is committed to helping financial institutions enhance efforts to detect, prevent, and report actual or suspected illicit fraudulent activity. The risk of fraud occurring...

August 23, 2022

Can You Keep a Secret? Understanding the Defend Trade Secrets Act

Check out Practical Guidance’s new podcast practice note on the Defend Trade Secrets Act (DTSA). Eric Benson is the co-author of Milgrim on Trade Secrets, as well as the author or co-author of five additional leading intellectual property treatises. This...

June 28, 2022

Get Your Head Out of the Clouds: Best Practices for Cloud Computing Agreements

Learn best practices for negotiating and drafting cloud computing agreements and get expert guidance on key considerations including service availability, service levels, data security, intellectual property, warranties, and other provisions. READ NOW »...

June 07, 2022

Hot Fun in the Summertime for Business Interruption Claims

Track the latest developments from appellate courts across the nation with the COVID-19 Business Interruption Claims State Law Survey, which links to recent motions, briefs, and orders filed in post-COVID-19 business interruption coverage cases. READ NOW »...

April 19, 2022

You are Beyond Compare: U.S. Person Definition Comparison Chart

When engaging in overseas transactions, such as Regulation S transactions, issuers need to be sure that selling efforts are not directed at U.S. persons. Also, certain definitions key to swap transaction regulations require a determination of whether a person is...

October 20, 2021

Data Breach: Notifying Affected Individuals Across States

Because there is no omnibus federal rule regarding a company’s breach notification, data breach notices must be sent to all affected individuals in all of the states where they reside, requiring individual notification to be tailored to the rules of the particular...

August 04, 2021

Biden’s Taking Aim at Corruption. Are Your Policies and Practices Strong Enough?

In June, the Biden administration unveiled a National Security Study Memorandum calling for a broad-based government effort to eliminate corruption in the interest of national security. The details are not yet known, but initial recommendations would lead to increased...

April 20, 2021

Making Clear, Clear: What You Need to Know About the Corporate Transparency Act

The Corporate Transparency Act (CTA), enacted by Congress in January 2021, imposes beneficial ownership reporting requirements on certain U.S. companies. Failure to comply with the CTA can result in various penalties for companies found to be in noncompliance....

June 27, 2023

Blockchain Technology: Strategic Aspects of Virtual Assets in the Cayman Islands

As U.S. federal and state regulators prioritize review and oversight rules for blockchain technology, Cayman Islands is quickly becoming an attractive jurisdiction for companies operating in the blockchain industry. Companies looking to operate in the Cayman Islands...

June 13, 2023

New York AG James proposes major crypto regulations

New York Attorney General issued proposed legislation, the Crypto Regulation, Protection, Transparency and Oversight Act (CRPTO Act), on May 5, 2023. The CRPTO Act is the first proposed state legislation, seeking to regulate cryptocurrency transactions by stopping...

April 11, 2023

First Analysis: Risk of Crypto-Assets and Impact on Bank Failures

We continue to share updates and new content on the fallout from the recent failure of Silicon Valley Bank. This week, explore this practice note which examines the recent U.S. bank failures and the associated risk of cryptocurrency assets at insured depository...

January 03, 2023

Learn About Commercial Litigation

Obtain guidance and information relating to the litigation of commercial disputes, and gain access to additional Practical Guidance resources and materials pertaining to commercial litigation. Read now » Related Content Commercial Dispute Avoidance...

January 05, 2022

Spread the SOFR Love

Don’t miss out reading this article discussing credit spread adjustments related to the differential in rates between LIBOR and SOFR. While LIBOR and SOFR historically trend together, LIBOR is generally higher than SOFR. Due to the difference in these rates...

September 04, 2022

State v. Odom

The defendant was convicted of the possession of controlled dangerous substances with the intention to distribute. In the course of the trial, a police officer was qualified as an expert and permitted to testify that in his opinion, the facts and circumstances...

July 06, 2022

Richardson v. State

Petitioner was a criminal defendant who was convicted of arson in a jury trial. Prior to trial, prosecutors failed to comply with Rule 1.220(e), which mandated that prosecutors disclose a list of all witnesses known to the prosecuting attorney to have information...

July 06, 2022

Ford Motor Co. v. Mont. Eighth Judicial Dist. Court

Ford Motor Co. v. Mont. Eighth Judicial Dist. Court Supreme Court of Montana May 21, 2019, Decided OP 19-0099 Opinion  [***411]   [**482]  Justice Laurie McKinnon delivered the Opinion and Order of the Court.  [*P1]  Ford Motor Company (Ford) petitions this Court...

July 06, 2022

Citizens Prop. Ins. Corp. v. Demetrescu

Citizens Prop. Ins. Corp. v. Demetrescu Court of Appeal of Florida, Fourth District March 26, 2014, Decided No. 4D13-947 Opinion  [*501]  Taylor , J. Appellant, Citizens Property Insurance Corporation ("Citizens"), appeals a circuit court order granting...

July 06, 2022

Carino v. Stefan

Carino v. Stefan United States Court of Appeals for the Third Circuit May 26, 2004, Argued ; July 19, 2004, Filed No. 03-3679 Opinion  [*157]  OPINION OF THE COURT RENDELL, Circuit Judge . Gisela Carino brought suit against attorney Marc Stefan and Stefan's...

April 07, 2022

A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v. Attorney Gen. of Mass.

The instant case involves an obscenity case in which Memoirs of a Woman of Pleasure (commonly known as Fanny Hill), written by John Cleland in about 1750, was adjudged obscene in a proceeding that put on trial the book itself, and not its publisher or distributor...

March 08, 2022

Powers v. Filters Fast, LLC

Powers v. Filters Fast, LLC United States District Court for the Western District of Wisconsin February 15, 2022, Decided; February 15, 2022, Filed 20-cv-982-jdp Opinion OPINION and ORDER This is a class action involving a data breach that compromised credit card...

February 11, 2021

Triple Up Ltd. v. Youku Tudou Inc.

Defendant is Youku Tudou Inc. ("Youku"), a Chinese internet television company. Plaintiff is Triple Up Limited ("Triple Up"), a Seychelles corporation. The suit concerns the performance rights to three Taiwanese movies, which were allegedly...

February 11, 2021

Zero Zone, Inc. v. United States DOE

Zero Zone, Inc. v. United States DOE United States Court of Appeals for the Seventh Circuit September 30, 2015, Argued; August 8, 2016, Decided Nos. 14-2147, 14-2159, & 14-2334 Opinion  [*660]  TABLE OF CONTENTS I. Background A. Statutory and Regulatory Context...

January 12, 2021

Cent. Va. Cmty. Coll. v. Katz

The Bankruptcy Clause, Art. I, § 8, cl. 4, empowers Congress to establish "uniform Laws on the subject of Bankruptcies throughout the United States." In Tennessee Student Assistance Corporation v. Hood, 541 U.S. 440, 124 S. Ct. 1905, 158 L. Ed. 2d...

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